• No results found

In June 2018, Turkey completed a wall along its southern border with Syria. This border wall is 764 kilometres long.618 Despite this obstacle, individual Syrians succeed in illegally crossing the Syrian-Turkish border.619 In early December 2021, Turkey was hosting 3,736,760 Syrian refugees, according to the United Nations High Commissioner for Refugees (UNHCR).620

Newly arrived Syrians can still apply for TP at a provincial office of the DGMM known as the ‘Provincial Directorate of Migration Management’ (PDMM). However,

registration of newly arrived Syrians has been temporarily suspended in some provinces. At the time of writing, newly arrived Syrians could not apply for TP in

612 The three individuals concerned were Esmail Fattahi, Leili Faraji and Zeinab Sahafi.

613 Evrensel, Denizli’de İstanbul Sözleşmesi eylemine katılan İranlı mültecilerin sınır dışı kararına itirazı reddedildi (‘Objection dismissed to decision to deport Iranian asylum-seekers who participated in Istanbul Convention protest in Denizli), 2 February 2022. Ahval, Iranian refugees face deportation from Turkey over women’s rights protest, 4 February 2022. Duvar English, Turkey rejects deportation appeal made by detained Iranian refugees, 4 February 2022. Bianet, Opposition MPs criticize decision to deport refugees over Istanbul Convention protests, 8 February 2022. Confidential source, 8 February 2022. The Guardian, Iranian refugees face deportation from Turkey for attending demonstration, 9 February 2022.

614 Confidential source, 8 February 2022.

615 UNHCR, Law on Foreigners and International Protection, 11 April 2013, p. 35. Mülteci Haklari Merkezi (Refugee Rights Turkey, MHM), Registration and status for Syrian refugees and other persons under Temporary Protection, Questions and answers, July 2021, p. 1. Confidential source, 7 October 2021.

616 These are often stateless Palestinians from Syria. Syria is also home to stateless Kurds and Bedouin. Ministry of Foreign Affairs, Thematic country of origin information report for Syria, Documents, December 2019, pp. 17 and 18.

617 AIDA, Country report, Turkey, updated 31 December 2020, pp. 20 and 21. EuroMed Rights, Return mania, Mapping policies and practices in the EuroMed Region, March 2021, pp. 12 and 13. MHM, Registration and status for Syrian refugees and other persons under Temporary Protection, Questions and answers, July 2021, p. 1.

Confidential source, 6 October 2021. Confidential source, 7 October 2021.

618 AA, Turkey installs 764 km security wall on Syria border, 9 June 2018.

619 Confidential source, 4 October 2021. Confidential source, 6 October 2021. Confidential source, 6 October 2021.

Confidential source, 11 October 2021. Confidential source, 11 October 2021. Confidential source, 11 October 2021.

620 UNHCR, Situation Syria regional refugee response, last updated 2 December 2021, accessed 13 December 2021.

69 Istanbul, Ankara,621 Izmir622 or Hatay.623 Registration of Syrians in Gaziantep624 has reportedly been successively stopped and restarted depending on the influx of Syrians.625

There is no unambiguous answer to the question how the Turkish immigration authorities deal with newly arrived Syrians who want to apply for TP in one of the provinces where the registration of Syrians has been stopped. One source indicates that newly arrived Syrians will be given a list of provinces where they can apply for TP.626 Another source reports that newly arrived Syrians will be referred informally to a PDMM office where they can apply for TP.627 Yet another source states that newly arrived Syrians are not given any information and have to find out for themselves where they can apply for TP.628

In some exceptional cases newly arrived Syrians are able to receive TP in a province where the registration of Syrians has been stopped. For example, if two parents who are already registered in Hatay as TP holders have a child, their child will also be registered as a TP holder in Hatay.629 The immigration authorities may also make exceptions for newly arrived Syrians who are vulnerable in some way, such as pregnant women630 and persons who are unable to care for themselves and need to be reunited with a family member already registered as a TP holder in a province where the registration of Syrians has been stopped.631

One source notes that the Turkish immigration authorities are inconsistent when it comes to making exceptions for vulnerable Syrians. For example, this source knows of two pregnant Syrian women who both applied to the PDMM office in Hatay.

Although these were two comparable cases, one pregnant woman’s application was approved while the other’s was not.632 Another source notes that it can take months for the immigration authorities to grant exceptional TP to a vulnerable Syrian in a province where the registration of Syrians has been stopped.633

10.3.2 Rights and freedom of movement of Syrian TP holders

Syrian TP holders are entitled to various types of government services, including access to education and health care. TP holders may only access these rights in the province in which they are registered.634 For example, if a Syrian is registered in

621 Confidential source, 6 October 2021. Confidential source, 6 October 2021. Confidential source, 11 October 2021.

Confidential source, 11 October 2021.

622 Confidential source, 6 October 2021. Confidential source, 11 October 2021.

623 Confidential source, 6 October 2021. Confidential source, 11 October 2021. Confidential source, 11 October 2021.

Confidential source, 11 October 2021. Confidential source, 22 December 2021. Confidential source, 22 December 2021. Confidential source, 23 December 2021. Confidential source, 28 December 2021.

624 In Turkish popularly known as ‘Antep’.

625 Confidential source, 6 October 2021. Confidential source, 11 October 2021.

626 Confidential source, 6 October 2021.

627 Confidential source, 11 October 2021.

628 Confidential source, 11 October 2021.

629 Confidential source, 11 October 2021. Confidential source, 11 October 2021. Confidential source, 11 October 2021.

630 Confidential source, 11 October 2021.

631 Confidential source, 11 October 2021.

632 Confidential source, undated.

633 Confidential source, 11 October 2021.

634 MHM, Registration and status for Syrian refugees and other persons under Temporary Protection, Questions and answers, July 2021, p. 4. Confidential source, 4 October 2021. Confidential source, 6 October 2021. Confidential source, 6 October 2021. Confidential source, 7 October 2021. Confidential source, 11 October 2021. Confidential source, 11 October 2021. Confidential source, 11 October 2021.

70 Şanlıurfa,635 but chooses to reside illegally in Istanbul, because there is more

employment there, he or she will be deprived of these rights.636

A Syrian TP holder who wishes to move outside the province where he or she is registered must have a travel permit issued by the PDMM office.637 There is no unambiguous answer to the question how the Turkish authorities deal with a TP holder who is detained outside his or her province of registration without a valid travel permit issued by the PDMM. In principle, travelling outside the province of registration without a travel permit does not constitute grounds for deportation to Syria and the authorities should return the TP holder to the province of registration.

There is thus no central policy of deportation after someone has been arrested for not having the correct papers. As far as is known, in most cases TP holders are returned to the province of registration,638 but there are individual cases where the TP holder was placed in a departure centre639 and in some cases deported to Syria after an expedited procedure.640

10.3.3 Deported Syrians

Syrians and stateless persons from Syria who have TP in Turkey are in principle not returned to Syria. Articles 8 (1) and 12 (1) of the Temporary Protection Regulation (TPR) state the grounds on which a person’s TP status may be withdrawn. One of the grounds for withdrawal is if a person has been convicted of a serious crime and is considered to be a threat to public order and/or national security (Article 8 (1) (f) of the TPR).641 In this context, two sources report that the Turkish authorities expel Syrians with links to ISIS.642

A previous country of origin report stated that international human rights

organisations sporadically reported deportations of Syrians.643 This picture remained unchanged during the current reporting period. None of the sources consulted stated that they were aware of large-scale and systematic deportations of Syrians or of any central policy along these lines. One source called the number of deported Syrians

‘negligible’,644 and another described the number of deported Syrians as ‘very low’.645 Four other sources had heard of several individual deportations.646 No unambiguous answer can be given to the question how the Turkish authorities deal with Syrians who have not applied for TP and are therefore staying in Turkey without registering. Two sources state that unregistered Syrians still have the opportunity to apply for TP.647 In contrast, two other sources report that unregistered Syrians are placed in departure centres, but that this does not

necessarily lead to their deportation.648 One source states that unregistered Syrians

635 In Turkish popularly known as ‘Urfa’ for short.

636 Confidential source, 4 October 2021. Confidential source, 6 October 2021.

637 Dutch Ministry of Foreign Affairs, Thematic country of origin information report for Syria, Documents, December 2019, p. 49. AIDA, Country report, Turkey, updated 31 December 2020, p. 81.

638 Confidential source, 4 October 2021. Confidential source, 5 November 2021. Confidential source, 6 October 2021.

Confidential source, 6 October 2021. Confidential source, 7 October 2021. Confidential source, 11 October 2021.

Confidential source, 11 October 2021.

639 Confidential source, 4 October 2021. Confidential source, 11 October 2021.

640 Confidential source, 11 October 2021.

641 Ministry of Foreign Affairs, General country of origin information report for Turkey, March 2021, p. 67.

642 Confidential source, 4 October 2021. Confidential source, 6 October 2021.

643 Ministry of Foreign Affairs, General country of origin information report for Turkey, March 2021, p. 67.

644 Confidential source, 5 November 2021.

645 Confidential source, 11 October 2021.

646 Confidential source, 6 October 2021. Confidential source, 6 October 2021. Confidential source, 11 October 2021.

Confidential source, 11 October 2021.

647 Confidential source, 7 October 2021. Confidential source, 11 October 2021.

648 Confidential source, 6 October 2021.

71 are placed in a departure centre and immediately deported.649 Another source indicates that in most cases unregistered Syrians are left alone by the Turkish authorities, but in a few cases an unregistered Syrian is placed in administrative detention.650 Yet another source indicates that the authorities’ response can range from ‘a slap on the wrist to deportation’, depending on the mood of the officer on duty.651

During the previous period, Amnesty revealed that nine Syrians in the central Turkish city of Konya had been verbally pressured into signing a form agreeing to their deportation. The group was then deported to Syria.652 Several sources

indicated that they were aware of this practice on the part of the Turkish authorities of pressuring Syrians to sign their consent to ‘voluntary’ repatriation.653 Two sources also reported that some Syrians were detained indefinitely until they signed the

‘voluntary’ repatriation document.654 One source indicates that this practice is declining, as Syrians have become more aware of their rights.655

In early February 2022, there were reports in the media that the Turkish authorities had deported a group of about 150 Syrians to Azaz in northern Syria at the end of January 2022. The Syrians in question had reportedly been forced to sign

documents in which they agreed to return to Syria. According to these reports, they were Syrians who had TP, but who were illegally residing in Istanbul rather than in their province of registration. The Turkish authorities denied having deported Syrians to their country of origin against their will.656

Syrian TP holders have the right to temporarily return to Syria, where they can celebrate Islamic holidays. They are allowed to return to Turkey afterwards.657 Between 5 and 25 July 2021, more than 109,000 Syrians travelled from Turkey to Syria to celebrate Eid al-Adha, the Islamic Feast of Sacrifice, according to a source.

By 5 November 2021, more than 90,000 Syrians, or nearly 85%, had returned to Turkey, according to the same source.658 Two other sources had received reports of Syrians being stopped by the Turkish authorities on their return to Turkey.659 The statements of neither source could be verified.

10.3.4 Anti-Syrian sentiment

Antipathy towards the Syrian community increased in a context of economic decline and rising unemployment and inflation (for more information on the economic decline, see 1.1.2).660 During the reporting period, anti-Syrian violent incidents occurred with some regularity, such as that which took place in a suburb of Ankara

649 Confidential source, 11 October 2021.

650 Confidential source, 11 October 2021.

651 Confidential source, 11 October 2021.

652 Ministry of Foreign Affairs, General country of origin information report for Turkey, March 2021, p. 67.

653 Confidential source, 6 October 2021. Confidential source, 11 October 2021. Confidential source, 11 October 2021.

654 Confidential source, 11 October 2021.

655 Confidential source, 11 October 2021.

656 Enab Baladi, turkiya turaHHil lâži’în sûriyîn raġma imtilâkihim wathâ’iq qânûnîya (‘Turkey deports Syrian refugees despite legal documents’), 1 February 2022. Middle East Eye (MEE), Turkey accused of sending scores of refugees back to Syria, 2 February 2022. Al Monitor, Turkey forcibly deports dozens of Syrians, 8 February 2022.

657 Confidential source, 6 October 2021. Confidential source, 6 October 2021. Confidential source, 11 October 2021.

Confidential source, 11 October 2021. Confidential source, 11 October 2021.

658 Confidential source, 13 January 2022.

659 Confidential source, 11 October 2021. Confidential source, 11 October 2021.

660 Al Jazeera, Turkey detains dozens after Syrian shops attacks, 12 August 2021. Al Monitor, Syrian homes, businesses destroyed in Turkish capital amid rising anti-immigrant sentiment, 12 August 2021. The Independent, Turkish mobs angered by homicide attack Syrian and Afghan refugees, 12 August 2021. Confidential source, 2 December 2021. NOS, Syrische vluchtelingen in Turkije: eerst welkom, nu belaagd en weggekeken, 22 January 2022.

72 on 11 August 2021. A mob of hundreds of people attacked homes, shops and cars allegedly owned by Syrians. The immediate cause of this violent incident was a fight between Syrian and Turkish residents in which a young Turkish man was killed.661 The police said they had arrested 76 people suspected of involvement in the violence or of sharing inflammatory texts on social media.662 The Turkish human rights association İHD condemned the violence and called on politicians not to make xenophobic statements, which they said incited violence and xenophobia.663

In the wake of the anti-Syrian violence in Ankara, the Turkish authorities decided to stop the registration of Syrians in Ankara with effect from 2 September 2021. They also sent Syrians staying illegally in Ankara back to their province of registration and demolished their homes in Ankara.664

Public discontent over the hosting of refugees and economic problems was also expressed when the so-called ‘banana-eating videos’ went viral on TikTok. In mid-October 2021, a discontented Turkish citizen said during a street interview: ‘I can't afford bananas, but I see Syrians in the bazaar buying kilos of bananas.’ This statement led to Syrians posting humorous videos on TikTok and YouTube in which they laconically ate bananas. In some videos, the crescent in the Turkish flag was replaced by a banana.665

DGMM dismissed the videos as ‘provocative’ and said that seven Syrians had been arrested. After the judicial proceedings had been completed, DGMM planned to initiate deportation proceedings against them.666 The best-known of the seven was Majed Shamaa, a journalist for Orient News, a television channel based in the United Arab Emirates (UAE) that favoured the Syrian opposition. He was placed in a

departure centre for several days, but on 8 November 2021, the Turkish authorities announced that they were dropping his deportation.667

10.4 Afghans in Turkey

Related documents